1996 (8) TMI 471 - SCH - Indian Laws

In the Absence of the Appellant - Nothing in Explanation to Order 41 Rule 17(1) CPC shall be construed as empowering the High Court to dismiss the appeal on the merits.

Summary

The Supreme Court granted leave against the impugned judgment and order of the High Court. The High Court exceeded its limits by considering the merits of the case and dismissing the appeal. The Supreme Court set aside the High Court's judgment and ordered a fresh disposal of the matter in accordance with the law. No costs were awarded.